The business records exception found in  Fla. Stat. §90.803(6) allows a party to introduce evidence that would normally be inadmissible hearsay if:

(1) the record was made at or near the time of the event; (2) was made by or from information transmitted by a person with knowledge; (3) was kept in the                              ordinary course of a regularly conducted business activity; and (4) that it was a regular practice of that business to make such a record.

The bank’s witness was not quested whether each exhibit was “made at or near the time of the event.” Lacking this element,  it was error to admit the Bank’s documents into evidence under the business records exception.  The Court also found that the witness was not qualified to lay the proper foundation because the witness was not familiar with the system(s) that generated the document even if the omitted element was included.

The opinion may be found at:

http://www.4dca.org/opinions/Nov.%202015/11-25-15/4D14-2457.op.pdf

 

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